[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1080 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1080

  To amend the Safe Drinking Water Act to require the use of nontoxic 
products in the case of hydraulic fracturing that occurs during oil or 
                   natural gas production activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2005

    Mr. Jeffords (for himself, Mr. Lautenberg, Mrs. Boxer, and Mr. 
  Lieberman) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Safe Drinking Water Act to require the use of nontoxic 
products in the case of hydraulic fracturing that occurs during oil or 
                   natural gas production activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydraulic Fracturing Safety Act of 
2005''.

SEC. 2. HYDRAULIC FRACTURING.

    Section 1421(d)(1) of the Safe Drinking Water Act (42 U.S.C. 
300h(d)(1)) is amended--
            (1) by adding at the end the following: ``The term 
        `underground injection' includes hydraulic fracturing, which 
        means the process of creating a fracture in a reservoir rock, 
        through the injection of fluids and propping agents, for the 
        purpose of reservoir stimulation relating to oil and gas 
        production activities.''; and
            (2) by adding at the end the following:
            ``(3) Hydraulic fracturing.--
                    ``(A) In general.--In the case of hydraulic 
                fracturing that occurs during the exploration for, or 
                the production of, oil or natural gas, a producer of 
                oil or natural gas shall not use diesel fuel or any 
                other material that the Administrator has listed as a 
                priority pollutant under the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.).
                    ``(B) Regulations.--The Administrator shall 
                promulgate such regulations as are necessary--
                            ``(i) to regulate hydraulic fracturing in 
                        accordance with this subsection; and
                            ``(ii) to ensure that State programs under 
                        section 1422 or 1425 regulate hydraulic 
                        fracturing in accordance with this 
                        subsection.''.
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